Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1887-09-29

1t may not be generally known
that Senator Wood has written an
opinion in reference 90 section SIX OF
the local option Law, as all the. noti-
ces We have seen Of his opinion we're
in reference 10 section eight. Below
we give his opinion OF section SIX IS
published ID the Waveriy TINES Of
August 18th, which may be OF some
interest TO those persons Whe are
stumbling over the 'tgIve away"
clause: ii s:assss ii9s
Local Option. is~
REv. J.y. BARKsii
DEAR SIR :-Replylng TO your IA.
vor Of the 9th inst. Will7say that the
local option Law. passed by the last
general assembly is an act TO regu.
late the liquor traffic in the hands OF
those persons who are by law au-
thorized, under certain restrictions
to sell intoxicating liquors, such per-
sons, for instance, as the dramshop
keeper, the druggist, the merchant
or distiller. The law therefore does
not reach q citizen In his private ca
pacrtY. It was never intended, nor
does it follow the private citizen to
his own home and forbid hlm the
use Of liquor in his house, or .'giv-
ing it away" to his guests if he SO
desires. In order to determine the
scope of any Law. we must FIRST
determine the subject matter legis-
lated upon, then the class Of per-
sons included therein. In-this case
the subject matter 10 the sale Of; an-
toxicatlng liquors, and the class Of
persons is all who are in any manner
engaged in the sale Of intoxicating
liquor, so that we are now prepared
to answer your first question by say
ing that the intent and meaning Of
the words ''give away" in section
Of the local option law, is simply to
prevent any dealer in intoxicating
liquors from giving it away as .
dealer, for example, suppose your
county votes on the question Of the
sale Of intoxicating liquors and ma
jority should vote against the sale
Of intoxicating liquors., y then sup
pose A.-being q druggist or a sa-
loon keeper undertakes to ssgiFe
away" intoxicating liquors, at his
place of business by selling a man q
cake Of soap for 25cts and s'give,'
the customer a one-half pint Of whis-
Ky, such an act Is In violation OF sec
ton 6, and such is the full sintent"
and ssextent" Of the words 'sgive
away" as used in the sections The
words "give away'' as used in the
local option law are not Of first I'M
preston IN this state, the same words
occur in the Downing high license
law, see section page 68, session
laws OF 1883, and Is made to
apply to t.dramshop keep
er, /" druggist" and, merchants" i"
the pharmacy law also contains the
smes words-'sgiye away" In the
section authorizing the druggist to
sell Intoxicating liquors. VIII ft be
said by any one that the saloon
keeper, cannot invite the minor o.
16 years Of age, or the habitual
drunkard to his own home, and when
there, that he may not give him the
glass Of wine or whisky7 And again
will 1t be said that the saloon keeper
may not on Sunday invite as many
persons as he pieases TO his own
home and when there that he cannot
give them as much champaign as he
Pleases2 Certainly no one will con-
tend for such proposition, and jet
the law positively forbids the saloon
keeper selling or "giying away any
kind of liquor to minor and just IS
positively says that he can't on Sum
day (outside OF Judge Noonan's jar-
isdictlon Of course) sell or '.give
away liquor to any person. As .
private citizen and IN his own home,
he can give away Intoxicating
liquor to friend and violate no
law, but in his saloon he has lost his
identity as private citizen. There he
lis saloon keeper and as such would
violate the law il he were to do the
same act which but q few moments
ago and within the sacred precints
OF his own home Was perfectly law
ful. So repeat and emphasize the
fact that the local option law does
not abridge the rights OF any pri-
vate citizen of Missouri. but when
once adopted it does take away from
all dealers in Intoxicating liquor The
right to sell or '.giye away intoxi-
cants.
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